Gaddis v. State
Docket Number: | 2003-CP-02150-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Factual basis - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: PCR |
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Trial Court: |
Date of Trial Judgment: 08-15-2003 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: POST-CONVICTION RELIEF DENIED. District Attorney: Jon Mark Weathers Case Number: CI03-0060 |
Party Name: | Attorney Name: | |||
Appellant: | Charles Robert Gaddis |
PRO SE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. DANIEL HINCHCLIFF |
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Topic: | Post-conviction relief - Voluntariness of plea - Factual basis - Ineffective assistance of counsel |
Summary of the Facts: | Charles Gaddis pled guilty to attempted residential burglary and escape. He was sentenced to ten years, with five years to serve and five years suspended on good behavior. He filed a motion for post-conviction relief which was denied. He appeals. |
Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Gaddis argues that his guilty plea was involuntary due to the court's failure to advise him of the elements of the crimes to which he pled guilty. Because Gaddis did not raise this issue at the time he was sentenced, he waived its consideration on a motion for post-conviction relief. In addition, the record shows that Gaddis was informed of the charges against him and the possible sentence. If the defendant is advised regarding the nature of the charge and the consequences of the plea, then the plea is considered voluntary and intelligent. Issue 2: Factual basis Gaddis argues that no factual basis exists to support the offenses of burglary and escape. Gaddis pled guilty to the charges of burglary and escape. A guilty plea waives all non-jurisdictional rights or defects. In addition, Gaddis does not offer any evidence in the form of affidavits, transcripts, or exhibits to support any of his allegations. Issue 3: Ineffective assistance of counsel Gaddis argues that he received ineffective assistance of counsel, because his counsel failed to inform him of the elements of burglary and escape. However, Gaddis told the judge he understood the charges and sentences available and, as a result, pled guilty with full knowledge. |
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